Obama using Bush tactic

President's embrace of signing statements criticized by lawmakers

By CHARLIE SAVAGE New York Times

Published 1:00 am, Sunday, August 9, 2009

WASHINGTON — President Barack Obama has issued signing statements claiming the authority to bypass dozens of provisions of bills enacted into law since he took office, provoking mounting criticism by lawmakers from both parties.

President George W. Bush, citing expansive theories about his constitutional powers, set off a national debate in 2006 over the propriety of signing statements — instructions to executive officials about how to interpret and put in place new laws — after he used them to assert that he could authorize officials to bypass laws like a torture ban and oversight provisions of the USA Patriot Act.

In the presidential campaign, Obama called Bush's use of signing statements an "abuse," and said he would issue them with greater restraint. The Obama administration says the signing statements the President has signed so far, challenging portions of five bills, have been based on mainstream interpretations of the Constitution and echo reservations routinely expressed by presidents of both parties.

Still, since taking office, Obama has relaxed his criteria for what kinds of signing statements are appropriate. And last month several leading Democrats — including Reps. Barney Frank of Massachusetts and David R. Obey of Wisconsin — sent a letter to Obama complaining about one of his signing statements.

They were reacting to a statement Obama issued after signing a bill that expanded assistance to the International Monetary Fund and the World Bank while requiring the administration to pressure the organizations to adopt certain policies. Obama said he could disregard the negotiation instructions under his power to conduct foreign relations.

The administration protested that it planned to carry out the provisions anyway and that its statement merely expressed a general principle. But Congress was not mollified. On July 9, the House voted 429-2 to ban officials from using federal money to disobey the restrictions.

In March, Sen. Charles E. Grassley, R-Iowa, sent Obama a letter criticizing a signing statement that challenged a statute protecting government whistle-blowers who tell lawmakers privileged or "otherwise confidential" information. He accused Obama of chilling potential whistle-blowers, undermining the intent of Congress in a way that violated his campaign promises. The White House said it intended only to reaffirm similar reservations made by previous presidents.

Other laws Obama has said he need not obey as written include format requirements for budget requests, limits on whom he may appoint to a commission, and a restriction on putting troops under United Nations command.